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Home My WebLink About00 CC AGENDA 11-17-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember NOVEMBER 17, 2009 ~ COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN ~~,~..s~' William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~ f ~~ CALL TO ORDER -Meeting #2224 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS -The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: A. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases B. EXISTING LITIGATION [Govt. Code Section 54856.9(a)] -One Case • City of Newport Beach and City of Tustin v. City of Irvine et al., Case No. 30-2008-00228855-CU-WM-CXC, Orange County Superior Court REGULAR CITY COUNCIL MEETING 7:00 P.M. ~f ~~ CALL TO ORDER -Meeting #2224 INVOCATION -Jim Palmer, Councilmember NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. PLEDGE OF ALLEGIANCE -Mayor Davert ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (City Council Agenda Item 1) 1. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 09-023 Conditional Use Permit (CUP) 09-023 is a request to authorize the sale of beer and wine for on-site consumption (ABC License Type 41) in conjunction with an existing restaurant located at 14131 Red Hill Avenue (Exhibit A -Location Map). On October 13, 2009, the Planning Commission conducted a public hearing and adopted Resolution No. 4131 (Exhibit C), approving Conditional Use Permit (CUP) 09-023 to authorize the sale of beer and wine for on-site consumption (ABC License Type 41) in conjunction with an existing restaurant located at 14131 Red Hill Avenue. On October 20, 2009 the City Council appealed the Planning Commission's action. Applicant: Current Listed Property Owner: Manojkumar C. Nilkanth Huber G. Wilson (deceased) Traditions Restaurant c/o Old Town, Inc. 28244 Springvale Lane 3185 Moritz Dr. Castaic, CA 91384 Huntington Beach, CA 92649 Long Term Lease Holder (Land) Long Term Lease Holder (Building): Michael Pedicini Larry Smith, Old Town, Inc. 2187 Newcastle Avenue #100 3185 Moritz Dr. Cardiff by the Sea, CA 92007 Huntington Beach, CA 92649-1877 Recommendation: Pursuant to Tustin City Code Section 9294(d), the City Council could take action on one of the following alternatives: 1. Reverse or modify the decision of the Planning Commission and direct staff to prepare a resolution denying Conditional Use Permit 09-023; or, 2. Adopt Resolution No. 09-65, approving Conditional Use Permit 09-023; or, City Council Meeting November 17, 2009 Agenda Page 2 of 9 3. Remand the project back to the Planning Commission for further proceedings. RESOLUTION NO. 09-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-023 AUTHORIZING ON- SITE ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT (TRADITIONS) LOCATED AT 14131 RED HILL AVENUE. ORAL COMMUNICATION /PUBLIC INPUT - At this time, any member of the public may address the City Council on matters, which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 2 through 15) 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve reversals in the amount of $17,841.49 and $3,557.56; demands in the amounts of $435,470.08, $16,396.68, and $773,418.51; and Payroll in the amount of $707,384.90. 3. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 3, 2009 Recommendation: Approve the Action Minutes of the Regular City Council Meeting held on November 3, 2009. 4. PLANNING ACTION AGENDA -NOVEMBER 10, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. City Council Meeting November 17, 2009 Agenda Page 3 of 9 5 6 7 CANCELLATION OF DECEMBER 15, 2009 CITY COUNCIL MEETING Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled City Council and Redevelopment meetings of December 15, 2009 and that the City Council hereby waives notice of said meeting as required by Government Code Section 54954. 2010 LOCAL APPOINTMENTS LIST Recommendation: Approve the 2010 Local Appointments List for the Planning, Community Services, and Audit Commissions and post notice as required by law. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 145 PACIFIC STREET The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program in Tustin and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 145 Pacific Street. This is the thirteenth historic property preservation agreement to be considered by the Council. The body of the agreement contains standard language that is required by State law to be included in every Mills Act contract. A customized terms, standards, and conditions for the property at 145 Pacific Street were also included in the agreement. Because the property is in good condition, the improvements required over the minimum 10-year contract term are relatively minor. Additional historic property preservation agreements will be agendized for consideration by the Council as more Mills Act program applications are received. Recommendation: That the City Council adopt Resolution No. 09-66 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with William H. and Sharon L. Teter, the owners of the property located at 145 Pacific Street. RESOLUTION NO. 09-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT I WITH THE OWNER OF THE PROPERTY LOCATED AT 145 PACIFIC STREET, TUSTIN, CALIFORNIA. 8 JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS City Council Meeting November 17, 2009 Agenda Page 4 of 9 This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the first and second quarters of 2009. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the first and second quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 9. 2009 REVISED REGULATIONS FOR THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) On October 1, 2009, the Steering Committee of the Orange County Taxi Administration Program (OCTAP) reviewed and approved a completely revised set of regulations. OCTAP requires the City of Tustin pass a resolution to approve these revised regulations. OCTAP has provided two attachments which consist of the complete regulations manual with revisions and a quick reference list of all the revised regulations. Recommendation: Adopt Resolution No. 09-64 approving the revised OCTAP regulations. RESOLUTION NO. 09-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS 10. THIRD QUARTER 2009 SOLID WASTE PROGRAM REPORT The City's Recycling Program is continuing to achieve over 50% diversion of waste from landfills and remains in compliance with state requirements. Recommendation: It is recommended that the City Council receive and file this report. 11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE JAMBOREE ROAD REHABILITATION CIP NO. 7194 The plans and specifications for the Jamboree Road Rehabilitation CIP No. 7194 have been prepared and the project is now ready to be bid. Construction of the project is partially funded with American Reinvestment and Recovery Act of 2009 (ARRA) federal stimulus funds. City Council Meeting November 17, 2009 Agenda Page 5 of 9 Recommendation: It is recommended that the City Council adopt Resolution No. 09-62 approving the plans and specifications for the Jamboree Road Rehabilitation CIP No. 7194, and authorizing and directing the City Clerk to advertise for bids. RESOLUTION NO. 09-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE JAMBOREE ROAD REHABILITATION BETWEEN 2,750 FEET NORTH OF TUSTIN RANCH ROAD AND NORTH CITY LIMITS (CIP NO. 7194) AND AUTHORIZING ADVERTISEMENT FOR BIDS 12. DECLARATION REGARDING SURPLUS IN IMPROVEMENT FUND FOR RE- ASSESSMENT DISTRICT 95-1 AND TRANSFER OF SURPLUS FUNDS TO A SPECIAL PUBLIC WORKS MAINTENANCE ACCOUNT FOR MAINTENANCE PROJECTS WITHIN THE ASSESSMENT DISTRICT All work within Re-Assessment District 95-1 (RAD 95-1) is complete and the City may now declare a surplus in the Improvement Fund for RAD 95-1, as allowed under Section 10427 of the California Streets and Highways Code. Staff is recommending that the surplus be transferred to a special Public Works Maintenance Account to be used for maintenance projects within the District. Recommendation: It is recommended that the City Council adopt Resolution No. 09-57 declaring a surplus in the Improvement Fund for Re-Assessment District No. 95-1 and authorizing transfer of surplus funds to a special Public Works Maintenance Account to be used for maintenance projects within the District. RESOLUTION NO. 09-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING A SURPLUS IN THE IMPROVEMENT FUND FOR RE-ASSESSMENT DISTRICT NO. 95-1 AND AUTHORIZING TRANSFER OF SURPLUS FUNDS TO A SPECIAL PUBLIC WORKS MAINTENANCE ACCOUNT TO BE USED FOR MAINTENANCE PROJECTS WITHIN THE DISTRICT 13. ADOPTION OF AN URBAN FOREST MANAGEMENT PLAN The City of Tustin is presently designated a "Tree City USA" City. Adoption of the proposed Urban Forest Management Plan will establish guidelines for the management of City trees, and allow the City to be recertified as a Tree City USA City and apply for the Tree City USA "Growth Award" designation. Recommendation: It is recommended that the City Council adopt the City of Tustin Urban Forest Management Plan. City Council Meeting November 17, 2009 Agenda Page 6 of 9 14. MDC AND IN-CAR VIDEO SYSTEM REPLACEMENT The life cycle of the current Datalux Mobil Data Computers (MDC) and Kustom Signals In-Car Video System is coming to an end. The Police Department has utilized both systems in excess of five years. Both systems are out of warranty and officers are beginning to see a significant decline in the function and reliability of both systems. Both the MDC and In-Car Video Systems are critical to the performance of a police officer and overall success of the Police Department. The MDC is a primary means of communication between dispatch and field personnel as well as serving as an access point to various databases. The In-Car Video System is critical to the collection of evidence, is often used in regards to administrative concerns and complaints, and is crucial to overall risk management. Over a 15 month period of time, staff conducted extensive research into replacement options. After field testing systems from six different vendors, the integrated system from DATA911 was determined to be the best system for the needs of the Police Department. Recommendation: The City Council approve the purchase of 35 MDCs and 34 In-Car Video Systems from DATA 911. 15. QUARTERLY INVESTMENT REPORT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 16 through 20) 16. CODE AMENDMENT (CA) 09-005; ORDINANCE NO. 1366 -STANDARDIZED APPEAL PROVISIONS/MINOR TEXT CORRECTIONS The Tustin City Code has been amended many times over the years, gradually introducing inconsistencies to the appeal process for various discretionary actions. Appeal filing deadlines vary depending upon the application type; there are inconsistencies as to whether filing deadlines are counted as calendar days or business days; and, there are a number of appeal hearing officers or boards identified, including the Planning Commission, City Manager, a Hearing Officer, the Tustin Community Redevelopment Agency, and Tustin City Council. On City Council Meeting November 17, 2009 Agenda Page 7 of 9 September 22, 2009, the Tustin Planning Commission held a public hearing and adopted Resolution No. 4121 recommending that the Tustin City Council approve Code Amendment 09-005 (Ordinance No. 1366), amending various sections of the Tustin City Code to standardize appeal provisions and implement minor text corrections. Recommendation: Have second reading by title only and adoption of Ordinance No. 1366 (roll call vote). ORDINANCE NO. 1366 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF THE TUSTIN CITY CODE, FOR THE PURPOSE OF CREATING A UNIFORM APPEALS PROCESS FOR CERTAIN DECISIONS RELATED TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND IMPLEMENTING MINOR TEXT AMENDMENTS. 17. CODE AMENDMENT 09-007: WATER EFFICIENT LANDSCAPE ORDINANCE In 2006, Governor Schwarzenegger signed Assembly Bill 1881, amending the Water Conservation in Landscaping Act (Act). The bill added two new requirements: 1) the California Department of Water Resources (DWR) is to update the current Model Water Efficient Landscape Ordinance; and 2) each city and county must either comply with the final State ordinance or may update its Landscape Ordinance by January 1, 2010, so that it is "at least as effective as" the State's updated Model Ordinance. In response to the new landscape water efficiency requirements, a stakeholder group was formed under the leadership of the Municipal Water District of Orange County (MWDOC) and the Orange County Division of the League of California Cities (the Division.) The stakeholder group developed alocally- crafted Orange County Model Water Efficient Landscape Ordinance (OC Model) and Guidelines that will meet the "at least as effective as" requirement of state law, minimize the complexity and cost of compliance, and provide consistency between local jurisdictions. Proposed Ordinance No. 1376 is consistent with the OC Model. The cornerstone of the OC Model Ordinance and Guidelines is a self- certification process that will streamline the permitting process and reduce costs for applicants and local agencies. Pursuant to the proposed ordinance, certain new and rehabilitated landscapes will be required to be water efficient based on the criteria in the Guidelines. Recommendation: Have first reading of Ordinance No. 1376 approving Code Amendment 09-007, and set for second reading at the City Council meeting of December 1, 2009. ORDINANCE NO. 1376 City Council Meeting November 17, 2009 Agenda Page 8 of 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADDING CHAPTER 7 OF ARTICLE 9 OF THE TUSTIN CITY CODE REGARDING WATER EFFICIENT LANDSCAPES. 18. ORDINANCE NO. 1377, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1632 OF THE TUSTIN CITY CODE REGARDING REQUEST FOR PROPOSALS FOR INDEPENDENT AUDITORS Ordinance No. 1377 will amend Section 1632 of the Tustin City Code regarding request for proposals for independent auditors. Recommendation: First reading of Ordinance No. 1377, an Ordinance of the City Council of the City of Tustin, California, amending Section 1632 of the Tustin City Code regarding request for proposals for independent auditors. ORDINANCE NO. 1377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 1632 RELATING TO REQUESTS FOR PROPOSALS FOR INDEPENDENT AUDITORS 19. VECTOR CONTROL DISTRICT BOARD APPOINTMENT The City has received notice that the term of the incumbent representative on the Vector Control District Board, AI Murray, who was appointed in July 2009 to complete the unexpired term of Lou Bone, will expire on December 31, 2009. Recommendation: Pleasure of the Council. 20. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday, December 1, 2009 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council Meeting November 17, 2009 Agenda Page 9 of 9